Asylum may be granted to people who are arriving in or already physically present in the United States. To apply for asylum in the United States, you may ask for asylum at a port-of-entry (airport, seaport, or border crossing), or file Form I-589, Application for Asylum and for Withholding of Removal, at the appropriate Service Center within one year of your arrival in the United States. You may apply for asylum regardless of your immigration status, whether you are in the United States legally or illegally.

You must apply for asylum within one year of your last arrival in the United
States, but you may apply for asylum later than one year if there are changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances directly related to your failure to file within one year. These may include certain changes in the conditions in your country, certain changes in your own circumstances, and certain other events. For a non-exhaustive list of circumstances that may be considered changed or extraordinary circumstances, see 8 CFR § 208.4. You must apply for asylum within a reasonable time given those circumstances. See
Ineligibility to Apply for Asylum.

You will be barred from applying for asylum if you previously applied for asylum and were denied by the Immigration Judge or Board of Immigration Appeals, unless you demonstrate that there are changed circumstances which materially affect your eligibility for asylum. You will also be barred if you could be removed to a safe third country pursuant to a bilateral or multilateral agreement. See INA § 208(a)(2) and
Ineligibility to Apply for Asylum.

How Do I Apply?
To apply for asylum, you will need to complete Form I-589, Application for Asylum and for Withholding of Removal, and follow the instructions carefully. The form I-589 is available here. Forms are also available by clicking on the link, by calling the forms request line at 1-800-870-3676, or by submitting a request through our forms by mail system. The table below summarizes where you will need to file your Form I-589. See 8 CFR § 208.4(b).

Circumstance

Where to File Your Form I-589

Applying for asylum for the first time and have not been placed in removal proceedings in Immigration Court

Service Center that has jurisdiction over your place of residence.

Information about where to send your application can be found in the instructions to Form I-589.

USCIS will confirm in writing its receipt of your completed application.

Previously applied for and were denied asylum
by INS or USCIS

Previously included in a spouse's or parent's pending application but no longer eligible to be included as a derivative

Include a letter with your application stating that you previously applied for asylum and were denied, or that you are now filing independently for asylum and reference the application on which you were a dependent.

Certain crewmembers, stowaways, individuals who entered the U.S. pursuant to the Visa Waiver Program and others described in 8 CFR § 208.2(c) before Form I-863, Notice of Referral to Immigration Judge, has been filed.

Can I Still Apply For Asylum Even If I Am Illegally in the United States?
Yes, you may apply even if you are here illegally. You may apply for asylum regardless of your immigration status as long as you file your application within one year of your last arrival or demonstrate that you are eligible for an exception to that rule based on changed circumstances or extraordinary circumstances, and that you filed for asylum within a reasonable amount of time given those circumstances.

Can I Apply For Asylum Even If I Was Convicted of a Crime?
Yes, you may apply. However, you may be barred from being granted asylum depending on the crime. See INA § 208(b). You must disclose any criminal history on your Form I-589, Application for Asylum and for Withholding of Removal, and at your asylum interview. Failure to disclose such information may result in your asylum claim being referred to the Immigration Court, and possible fines or imprisonment for committing perjury.

What About My Spouse and Children?
You must list your spouse and all your children on your Form I-589 regardless of their age, marital status, whether they are in the United States, or whether or not they are included in your application or filing a separate asylum application.

You may ask to have included in your asylum decision your spouse and/or any children who are under the age of 21 and unmarried, if they are in the United States. This means that, if you are granted asylum, they will also be granted asylum status and will be allowed to remain in the United States incident to your asylum status. However, if you are referred to the Immigration Court, they will also be referred to the court for removal proceedings. You should refer to the instructions in Form I-589 for information on the documents you will be required to submit establishing your family relationships, such as marriage certificates and birth certificates.

Children who are married and/or children who are 21 years of age or older at the time you file your asylum application must file separately for asylum by submitting their own asylum applications (Form I-589).

Once you are granted asylum, you may petition to bring your spouse and/or children (unmarried and under the age of
21 as of the date you filed the asylum application, as long as your asylum
application was pending on or after August 6, 2002) to the United States or to allow those already here, who were not included in your asylum decision, to remain incident to your asylum status. Please see Grant of Asylum for more information.

What Happens if My Child Turns 21 After I Have Filed My Asylum Application?
Under the Child Status Protection Act, signed into law by President Bush on August 6, 2002, your child will continue to be classified as a child if he or she turned 21 years of age after your asylum application was filed but while it was pending. Your child must have been unmarried and under 21 years of age on the date that you filed your I-589. The "filing date" is the date that
USCIS received your application.

There is no requirement that your child have been included as a dependent on your asylum application at the time of filing, only that your child be included prior to the decision made on your claim. This means that you may add to your asylum application an unmarried son or daughter who is 21 years of age, but who was 20 at the time you filed your asylum application.

How Does The Asylum Officer or Immigration Judge Determine If I Am Eligible for Asylum?
The Asylum Officer or Immigration Judge will determine if you are eligible by evaluating whether you meet the definition of a refugee. The definition, which can be found in section 101(a)(42)(A) of the Immigration and Nationality Act (INA), states that a refugee is someone who is unable or unwilling to return to and avail himself or herself of the protection of his or her home country or, if stateless, country of last habitual residence because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The determination of whether you meet the definition of a refugee will be based on information you provide on your application and during an interview with an Asylum Officer or at a hearing before an Immigration Judge.

The Asylum Officer or Immigration Judge will also consider whether any bars apply. You will be barred from being granted asylum under INA § 208(b)(2) if you:

Ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion

Were convicted of a particularly serious crime (includes aggravated felonies)

Committed a serious nonpolitical crime outside the United States

Pose a danger to the security of the United States

Firmly resettled in another country prior to arriving in the United States (see 8 CFR § 208.15 for a definition of "firm resettlement")

You will also be barred from being granted asylum under INA § 208 if you are inadmissible under INA § 212(a)(3)(B) or removable under INA § 237(a)(4)(B) because you:

Have engaged in terrorist activity;

Are engaged in or are likely to engage after entry in any terrorist activity (a consular officer or the Attorney General knows, or has reasonable grounds to believe, that this is the case);

Have, under any circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity;

Are a representative of

a foreign terrorist organization, as designated by the Secretary of State under section 219 of the INA, or

a political, social, or other similar group whose public endorsement of acts of terrorist activity the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities;*

Are a member of a foreign terrorist organization, as designated by the Secretary of State under section 219 of the INA, or which you know or should have known is a terrorist organization;

Have used a position of prominence within any country to endorse or espouse terrorist activity, or to persuade others to support terrorist activity or a terrorist organization, in a way that the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities.*

*These two categories were added by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act, P.L. 107-56, October 26, 2001), which was passed in response to the September 11, 2001 terrorist attacks.

How Long Does the Process Take?
The time frames below apply only if you will be scheduled for an interview at one of the eight asylum offices. Time frames vary for those who live far from an asylum office because asylum officers must travel to other offices in order to conduct the long-distance interviews.

The Immigration and Nationality Act (INA) provides in Section 208(d)(5) that the initial interview on asylum applications filed on or after April 1, 1997 should take place within 45 days after the date the application is filed, and a decision should be made on the asylum application within 180 days after the date the application is filed, unless there are exceptional circumstances.

Applicant files I-589 at the Service Center

Within 21 days of the filing date

Within 43 days of the filing date

Within 60 days of the filing date

Within 180 days of the filing date

The filing date is the date the complete application was received at the Service Center.

Applicant receives:

Receipt notice that USCIS received I-589

Fingerprint appointment notice

Interview notice

Applicant is interviewed at one of the eight asylum offices, unless applicant lives at a significant distance from an asylum office.

Majority of applicants return two weeks after the interview to pick up the decisions on their application, including referrals to the Immigration Court for final determination.

Applicants whose cases have been referred to the Immigration Court receive a decision on their applications.

Where Can I Find the Law?
The legal foundation for the Asylum Program comes from the Immigration and Nationality Act (INA). For the part of the law concerning asylum, please see INA § 208 (Asylum). You can also link here to the Immigration and Nationality Act. Rules published in the Federal Register explain the eligibility requirements and procedures to be followed by applicants and the government. These rules are incorporated into the Code of Federal Regulations (CFR) at 8 CFR § 208. Asylum officers also rely on case law to decide asylum claims. Administrative decisions made by the Board of Immigration Appeals can be found at BIA Decisions or http://www.usdoj.gov/eoir. See Sources of Authority [Sources of Authority.doc] for a general overview of the sources of law that asylum officers consider when adjudicating asylum claims.

Where Can I Find the Forms?
The following forms can be found by clicking the links below, by calling the Forms request line at 1-800-870-3676, or by submitting a request through the forms by mail system:

Form G-28 (Notice of Entry of Appearance as Attorney or Representative)

Can Anyone Help Me?
You have a right to provide your own legal representation at an asylum interview and during immigration proceedings before the Immigration Court, at no cost to the United States Government. You may obtain a list of pro bono
(free or reduced cost) attorneys or community-based, non-profit organizations that may be available to assist you by:

When Will I Need To Be Fingerprinted?
After the Service Center receives your completed Form I-589, the Service Center will send you a notice, if you are between 14 and 79 years of age, to go to an Application Support Center or authorized Designated Law Enforcement Agency to have your fingerprints taken. You are exempt from the fingerprint fee. The fingerprints will be sent to the Federal Bureau of Investigation (FBI) for a background/security check. The FBI will send those results to
USCIS. Your spouse and children for whom you are asking for derivative asylum status will also need to be fingerprinted if they are between 14 and 79 years of age. Additional information about the fingerprinting process can be found on the Fingerprints webpage, Application Support Centers webpage (for hours and locations), or by calling the National Customer Service Center at 1-800-375-5283.

Will I Be Required to Undergo Any Other Criminal or Security Checks?
Yes. Every individual who applies for asylum will be subject to a background/security check. Depending on the results of the mandatory check, you may not be eligible for a final grant of asylum. Your application may be referred to the Immigration Judge, and you may be placed in removal proceedings in Immigration Court.

The background/security check consists of the following:

USCIS sends a copy of your Form I-589, Application for Asylum and for Withholding of Removal, to the U.S. Department of State.

USCIS schedules you, if you are between 14 and 79 years of age, for fingerprinting at an Application Support Center or Designated Law Enforcement Agency. The fingerprints are sent to the FBI to conduct
background/security checks.

What Should I Bring With Me To The Asylum Interview?
You have the right to bring an attorney or representative. You must bring an interpreter if you are not fluent in English. If your spouse and/or children who were under 21 at the time you filed your application are included in your asylum application as dependents, they must also appear for the interview and bring any identity or travel documents they have in their possession. Although you are required to list all of your family members on your application, you only need to bring those to the interview that will be included as dependents in the asylum decision. You should also bring the following if available:

some form of identification, including any passport(s), other travel or identification documents, or Form I-94 Arrival-Departure Record

the originals of any birth certificates, marriage certificates, or other documents you previously submitted with your Form I-589

a copy of your Form I-589 and other supplementary material that you previously submitted

any additional available items documenting your claim that you have not already submitted with your application. Any document in a language other than English must be accompanied by an adequate English translation that the translator has certified as complete and correct, and by the translator's certification that he or she is competent to translate into English the language used in the document.

Should I Bring An Interpreter to My Asylum Interview?
USCIS does not provide any interpreters during the asylum interview. You must bring an interpreter if you do not speak English fluently. The interpreter must be fluent in English and a language you speak fluently and must be at least 18 years old. The following persons cannot serve as your interpreter: your attorney or representative of record; a witness testifying on your behalf at the interview; or a representative or employee of your country. The regulation relating to interpreters can be found at 8 CFR § 208.9(g).

What Will Happen At My Asylum Interview?
The interview will generally last at least an hour, although the time may vary depending on the case. You will be asked to take an oath promising to tell the truth during the interview. The Asylum Officer will verify your identity and ask you basic biographical questions. The Asylum Officer will ask you about the reasons you are applying for asylum. The Asylum Officer will know that it may be difficult for you to talk about traumatic and painful experiences that caused you to leave your country. However, it is very important that you tell the Asylum Officer your experiences so that the Asylum Officer can determine whether you qualify as a refugee. The Asylum Officer will also ask you questions to determine if any bars apply to being granted asylum. See How Does the Asylum Officer or Immigration Judge Determine If I Am Eligible for Asylum? Everything you say to the Asylum Officer will be confidential. You and your attorney or representative, if any, will have time at the end of the interview to make a statement or add any additional information. A decision will not be made at the asylum interview. See 8 CFR § 208.9.

What If I Fail To Appear For My Asylum Interview?
If USCIS does not receive a written explanation for your failure to appear within 15 days after the date of the scheduled interview, your case will either be referred to the Immigration Court or your case will be administratively closed if you are still in valid status. See 8 CFR § 208.10. The Asylum Office Director has discretion to reschedule your interview if you provide a reasonable explanation for your failure to appear. If you establish exceptional circumstances for the failure to appear or that
USCIS did not properly notify you of the interview, USCIS must reschedule your interview.

Failure to appear at the interview may affect your eligibility to apply for work authorization. You are generally eligible to apply for work authorization 150 days after you submit a complete application to the Service Center if a decision has not been made on your asylum application. However, if you applied for asylum on or after January 4, 1995, you will be ineligible for employment authorization if you fail to appear for an interview, unless your failure to appear is excused. See 8 CFR § 208.7(a)(4).

How Will the Asylum Officer Make the Decision About Whether To Grant Me Asylum?
The Asylum Officer will evaluate your testimony, the information you provide on your application, and any supplementary materials you submit to determine if you are a refugee and whether any mandatory bars apply. The Asylum Officer will consider country condition information from reliable sources and will consider the relevant law found in the Immigration and Nationality Act (INA), the regulations found in Title 8 of the Code of Federal Regulations, and case law. The Asylum Officer will also evaluate the credibility of your claim. See 8 CFR § 208.9.

When Will I Be Notified About the Decision on My Asylum Claim?
In most cases, you will return to the asylum office where your interview was held two weeks after the interview to pick up your decision. However, there may be longer processing times if you were interviewed at a district office, are currently in valid status, or if your case will be reviewed by Asylum Division Headquarters staff. You will generally receive the decision by mail if any of these circumstances occur.

What Will Be My Status After I Am Granted Asylum?
You will have asylee status. You will receive an I-94 Arrival and Departure record documenting that you are able to remain indefinitely in the United States as an asylee. You will be authorized to work in the United States for as long as you remain in asylee status. You may obtain a photo-identity document from
USCIS evidencing your employment authorization by applying for an Employment Authorization Document (EAD). You will also be able to request derivative asylum status for any spouse or child (unmarried and under 21 years of
age as of the date you filed the asylum application, as long as your asylum
application was pending on or after August 6, 2002) who was not included as a dependent in your asylum decision and with whom you have a qualifying relationship. This means that you will be able to petition to bring your spouse and/or children to the United States, or allow them to remain in the United States indefinitely incident to your asylee status.

Can Asylum Status Be Terminated?
Yes. Your asylee status may be terminated if you no longer have a well-founded fear of persecution because of a fundamental change in circumstances, you have obtained protection from another country, or you have committed certain crimes or engaged in other activity that makes you ineligible to retain asylum status in the United States. See INA § 208(c)(2). An asylee is not a lawful permanent resident. You may apply for lawful permanent resident status after you have been physically present in the United States for a period of one year after the date you were granted asylum status. See Asylee Adjustment for more information about becoming a lawful permanent resident. The law can be found at INA § 209(b).

What is a Recommended Approval of Asylum?
You will receive a recommended approval of asylum if an Asylum Officer has made a preliminary determination to grant you asylum, but
USCIS has not received the results from the mandatory, confidential investigation of your identity and background. If the results reveal derogatory information that affects your eligibility for asylum,
USCIS may deny your request for asylum or refer it to an Immigration Judge for further consideration. See Recommended Approval.

What is a Conditional Grant of Asylum?
Prior to the passage of the Real ID Act of 2005, applicants who were found eligible for asylum based on past persecution or a well-founded fear of persecution solely on account of resistance to a coercive population control (CPC) program were subject to a 1,000-per-year statutory limit on grants of asylum based on CPC, and were given a conditional grant until a final approval authorization number bacame available within the annual 1,000 cap. Section 101(g)(2) of the Real ID Act of 2005 eliminated this annual 1,000 cap, and asylum offices have heen issuing final, as opposed to conditional, asylum approvals to new, qualified applicants whose asylum claims are based solely on CPC, as well as to applicants who had previously been given a conditional grant, provided that they clear background check requirements and otherwise qualify for asylum status. See Resistance to Coercive Population Control (CPC) Programs for more information.

What is a Notice of Intent to Deny?
You will receive a Notice of Intent to Deny if you are currently in valid status and found ineligible for asylum. You will have 16 days to provide a response to the letter. The Asylum Officer will then either approve or deny the claim. See Notice of Intent to Deny.

What is a Final Denial?
You will receive a Final Denial of your asylum claim if you received a Notice of Intent to Deny (NOID) and either did not provide a response to the letter within 16 days, or the Asylum Officer determined that the evidence or argument you provided failed to overcome the grounds for denial as stated in the NOID. See Final Denial.

What Does It Mean to be Referred to Immigration Court?
This means that the Asylum Officer was unable to approve your asylum application and you are not currently in valid status. You will receive charging documents that place you in removal proceedings in Immigration Court. Your asylum application will be referred to the Immigration Court for an Immigration Judge to decide during the removal proceedings. See Referral to an Immigration Court.

Where Can I Find Further Information if My Asylum Claim is Referred to Immigration Court?
The Immigration Courts are located within the Executive Office for Immigration Review at the U.S. Department of Justice. Information about the Immigration Courts can be found at www.usdoj.gov/eoir or you can call their electronic information system at 1-800-898-7180. You will need your A-number to get information on your case. This telephonic information system can give you information about your next hearing date, time and location; elapsed time and status of the clock for asylum cases; Immigration Judge decision information; case appeal information, including appeal due date, brief due date, date forwarded to the Board of Immigration Appeals (BIA), and BIA decision and decision date. If the Immigration Judge denies your asylum application, you will receive a
notice telling you how to appeal the decision.

Generally, you may appeal within 30 days of receiving the denial. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, DC. For more information, see the Executive Office for Immigration Review's website at www.usdoj.gov/eoir.

How Can I Find Out About the Status of My Application?
There are two ways to find the status of a pending asylum application: you may write to the Asylum Office having jurisdiction over your case or you may visit the Asylum Office where your case is pending. You should be prepared to provide the following information:

Alien number ("A-Number")

Current legal name and, if different, the name as it appears on the application

Will I Be Able To Petition To Bring My Family To The United States?
If you are granted asylum, you may request derivative asylum status for any spouse or child (unmarried and under 21 years of
age as of the date you filed the asylum application was pending on or after
August 6, 2002) who was not included in your asylum claim and with whom you have a qualifying relationship. You must submit a Form I-730, Refugee and Asylee Relative Petition, to the Nebraska Service Center, P.O. Box 87730, Lincoln, NE 68501-7730. The Form I-730 must be filed for each qualifying family member within 2 years of the date you were granted asylum status, unless
USCIS determines that this time period should be extended for humanitarian reasons. See How Do I Get My Spouse or Children Derivative Asylum Status in the United States?

When Can I Apply To Become a Lawful Permanent Resident?
You may apply for lawful permanent resident status under INA
§ 209(b) after you have been physically present in the United States for a period of one year after the date you were granted asylum status. To apply for lawful permanent resident status, you must submit a separate Form I-485, Application to Register Permanent Residence or Adjust Status, for yourself and each qualifying family member to the Nebraska Service Center, P.O. Box 87485, Lincoln, Nebraska, 68501-7485. See Asylee Adjustment.

Will I Get a Work Permit?
Asylum applicants cannot apply for employment authorization at the same time they apply for asylum. You will be authorized to work in the United States if you are granted asylum and as long as you remain in asylum status. You are also eligible to apply for employment authorization if you have been given a recommended approval or conditional grant of asylum. You can also apply for work authorization before a decision is made on your claim if 150 days has passed since you filed your complete application with the Service Center and no decision has been made on your application.
USCIS has 30 days to either grant or deny your request for employment. The application to apply for an Employment Authorization Document (EAD) is the Form I-765. Please see Form I-765, Application for Employment Authorization, and How Do I Get a Work Permit? for more information.

Effective November 10, 2002, asylum applicants who have been granted asylum will no longer have to file an EAD application with the Nebraska Service Center in order to obtain an initial EAD. Section 309 of the Enhanced Border Security and Visa Entry Reform Act of 2002 requires
USCIS to issue an employment authorization document containing at least a fingerprint and photograph to an asylee immediately upon a grant of asylum. If an asylee wishes to renew
his or her EAD, the asylee will still need to submit an EAD application with the Nebraska Service Center, and pay a fee or request a fee waiver under 8 CFR
§ 103.7(c).
However, asylees are work-authorized regardless of whether or not they are in possession of an EAD. An asylee may want to obtain an EAD from
USCIS in order to meet other obligations. For example, the EAD, which is evidence of both identity and employment authorization, can be presented to an employer as a List A document of the Employment
Eligibility Verification form (Form I-9). Also, the EAD can serve as evidence of alien registration, which is required by law to be carried by registered aliens at all times.

Can I Travel Outside the United States?
If you are applying for asylum and want to travel outside the United States, you must receive advance permission before you leave the United States in order to return to the United States. This advance permission is called Advance Parole. If you do not apply for Advance Parole before you leave the country, you will be presumed to have abandoned your application with
USCIS and you may not be permitted to return to the United States. If you obtain advance parole and return to your country of feared persecution, you will be presumed to have abandoned your asylum request, unless you can show compelling reasons for the return. If your application for asylum is approved, you may apply for a Refugee Travel Document. This document will allow you to travel abroad and return to the United States. For more information on both Advance Parole and Refugee Travel Documents, see How Do I Get a Travel Document? and Form I-131, Application for Travel Document.

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